ColdSend.Pro – Terms of Service

(cloud.coldsend.pro – a product of Grappes IT Services FZCO)

Last updated: 16 October 2025

Please read these Terms carefully. By creating an account or using the Service you agree to be bound by this contract. If you do not agree, do not use the Service.

1. Definitions

“Service” means the web-based cold-email platform available at https://cloud.coldsend.pro and any related sites operated by the Company.
“Account” means the user credentials you create to access the Service.
“Content” means any contact lists, email copy, or other data you upload or transmit through the Service.
“Send” means any attempt to deliver an email through our infrastructure.
“We/us/our” means Grappes IT Services FZCO, Dubai, UAE.
“You” means the individual or entity that opens an Account.

2. Eligibility & Accounts

2.1 You must be able to form a binding contract. If you are under 18 you may use the Service only with the involvement of a parent or legal guardian.
2.2 You will keep your login credentials confidential and notify us immediately of any unauthorised use.
2.3 You are responsible for all activity that occurs under your Account.

3. Pre-Purchase Notice

Before subscribing we strongly recommend that you review the help centre at https://help.coldsend.pro to understand the Service’s capabilities, limitations, and policies.

4. Acceptable Use & Delivery Policy

4.1 Consent responsibility. You may only Send to recipients whose data you may lawfully use for commercial email under CAN-SPAM, GDPR, or equivalent local law.
4.2 List quality. We throttle or pause campaigns automatically when:

• a) hard-bounce rate ≥ 4 %, or
• b) spam-complaint rate ≥ 0.1 %, or
• c) we detect lists that contain spam-trap hits or major blacklist entries.
  4.3 Three-strike process. If metrics exceed the limits above we will:
• (i) pause the offending campaign,
• (ii) email you with details,
• (iii) re-enable once you confirm remediation.
  If you fail to respond within 3 calendar days, or if breaches recur, we may suspend or terminate your Account without refund.
  4.4 Prohibited content. You may not Send: illegal offers, malware, phishing, hate speech, or content that violates our mail-provider’s policies.

5. Content & Data

5.1 Ownership. You retain all right, title and interest in your Content. We obtain no ownership.
5.2 Licence to us. You grant us a limited, worldwide, royalty-free licence to copy, store and process Content solely to provide the Service.
5.3 Deletion. You may export or delete your Content at any time through the dashboard or by formal written request to hello@coldsend.pro. Deletion removes it from active servers within 24 h and from backups within 30 days.
5.4 Data Processing. If Content contains personal data, you are the controller and we are the processor. Schedule 1 (Data Processing Addendum) below applies.

6. Fees, Billing & Refunds

6.1 Plans and renewal. Fees are quoted in USD, payable in advance. Subscriptions auto-renew on the chosen cycle until you cancel through the billing page.
6.2 Monthly usage quotas. Each plan includes a fixed number of email credits (e.g., Starter: 10,000 emails per month). Unused credits expire at the end of the billing period and do not roll over to the next month.
6.3 Failed payments. We will retry failed charges up to three times. Non-payment may lead to suspension.
6.4 Uptime credit. If the Service is unavailable for more than 72 consecutive hours and we have not given at least 24 h advance notice, you may request a prorated credit equal to the downtime period. Credits have no cash value and expire on account termination.
6.5 Refund discretion. Except where mandatory consumer law requires otherwise, all fees are non-refundable. Refund requests made within seven (7) days of the first charge and covering fewer than 500 sent emails will be reviewed on a case-by-case basis; granting such a refund is at our sole discretion. We are under no obligation to issue a refund if you have not first consulted the help centre at https://help.coldsend.pro or if the request results from your failure to perform reasonable due diligence. Approved refunds are processed to the original payment method within fourteen (14) days. Charge-backs or disputes initiated without prior contact to support may lead to immediate account termination.

7. Suspension & Termination

We may suspend or terminate your Account, without refund, if you:

• a) violate Sections 4 or 5,
• b) commit fraud or charge-back abuse,
• c) become insolvent or subject to bankruptcy proceedings, or
• d) abuse our support staff or infrastructure.
  Sections that by nature survive (ownership, limitation of liability, governing law) shall survive termination.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT UNINTERRUPTED OPERATION OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

10. Indemnification

You will defend and hold us harmless against any claims, losses or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your Content, or your email campaigns.

11. Governing Law & Forum

These Terms are governed by the laws of the United Arab Emirates, excluding conflict-of-law rules. Any dispute not resolved informally shall be submitted to the courts of Dubai, UAE.

12. Changes

We may update these Terms by posting a new version at cloud.coldsend.pro/terms and, for material changes, by emailing you at least 30 days in advance. Continued use after the effective date constitutes acceptance.

13. Contact

Questions: hello@coldsend.pro.
Postal: Grappes IT Services FZCO, Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, UAE.

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Schedule 1 – Data Processing Addendum (DPA)

This DPA is part of the Terms.

1. Roles

You are the data controller; we are the data processor.

2. Processing instructions

We process personal data only on your documented instructions (i.e., to deliver emails you create) unless required by law.

3. Security

We implement technical and organisational measures appropriate to the risk, including encryption in transit and at rest, role-based access, and regular vulnerability scans.

4. Sub-processors

We use reputable sub-processors (cloud infrastructure, email delivery). A current list is available on request. We will notify you of any new sub-processor that materially affects your data and you may object within 10 days.

5. Data subject rights

We will, at your expense, assist you in responding to data-subject requests (access, deletion, etc.).

6. Data retention & deletion

We delete or return personal data within 30 days of account termination unless legally required to keep it longer.

BY CLICKING “CREATE ACCOUNT” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE DPA.